[Note: ESMA has also issued
guidelines under article 16(1) of the ESMA Regulation covering: “MiFID II product governance requirements”, dated 5th February 2018.See https://www.esma.europa.eu/sites/default/files/library/esma35-43-620_guidelines_on_mifid_ii_product_governance_requirements_0.pdf. ]
A firm must, when manufacturing financial instruments or deciding on the range of financial instruments and investment services it intends to distribute to clients, comply, in a way that is appropriate and proportionate, with the requirements set out in this chapter.
In complying with these requirements, a firm must take into account:
[Note: articles 9(1) and 10(1) of the MiFID Delegated Directive]
A proportionate application of the requirements in this chapter may mean that complying with the rules could be relatively simple for simple financial instruments distributed on an execution-only transaction basis where such financial instruments would be compatible with the needs and characteristics of the mass retail market.